California Court of Appeal

Order reducing the percentage of votes necessary to amend petitioner's Declaration of Covenants, Conditions and Restrictions and Bylaws is affirmed over claims that: 1) the underlying vote was invalid as it was by mail ballot, the ballot was not secret, petitioner made an insufficient effort to permit all owners to vote, and there was insufficient evidence of lender acquiescence; 2) the court exceeded its statutory authority and implied an improper standard; 3) certain provisions of the amendment are unreasonable; and 4) Civil Code section 1356 is unconstitutional as it impairs the obligation of contracts.

Appellate Information

• Decided 01/04/2008
• Published 01/30/2008

Judges

• McCONNELL, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Alan H. Burson, Feist, Vetter, Kanuf & Loy, Oceanside, CA, for Objector and Appellant.


• For Appellees:
  
• No appearance for Petitioner and Respondent.